Abraham Lincoln - American Memory

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V 120 from the negotiation of bills of exchange drawn by the Secretary of the Treasury of the so-called Confederate States on Frazier, Trenholm & Co., of Liverpool, who were known to be the financial agents of the Confederate States. With an undrawn deposit in this bank of four hundred and fifty-five dollars, which has remained to his credit since October last, and with an unpaid bill of exchange drawn by the same bank upon London, in his possession and found upon his person, Booth ends his guilty career in this work of conspiracy and blood in April, 1865, as he began it in October, 1864, in combination with Jefferson Davis, Jacob Thompson, George N. Sanders, Clement C. Clay, Wil- liam C. Cleary, Beverley Tucker, and other co-conspirators, making use of the money of the rebel confederation to aid in the execution and in the flight, bearing at the moment of his death upon his person their money, part of the price which they paid for his great crime, to aid him in its consummation, and secure him afterwards from arrest and the just penalty which by the law of God and the law of man is denounced against treasonable conspiracy and murder. By all the testimony in the case it is, in my judgment, made as clear as any transaction can be shown by human testimony, that John Wilkes Booth and John H. Surratt, and the several accused, David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Ed- ward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd, did, with intent to aid the existing rebellion and to subvert the Con- stitution and laws of the United States, in the month of October last and thereafter, combine, confederate, and conspire with Jefferson Davis, George N. Sanders, Beverley Tucker, Jacob Thompson, Wil- liam C. Cleary, Clement C. Clay, George Harper, George Young, and others unknown, to kill and murder, within the military department of Washington, and within the intrenched fortifications and military lines thereof, Abraham Lincoln, then President of the United States and commander-in-chief of the army and navy thereof; Andrew Johnson, Vice President of the United States; William H. Seward, Secretary of State; and Ulysses S. Grant, lieutenant general, in command of the armies of the United States; and that Jefferson Davis, the chief of this rebellion, was the instigator and procurer, through his accredited agents in Canada, of this treasonable conspiracy. It is also submitted to the court, that it is clearly established by the testimony that John Wilkes Booth, in pursuance of this conspiracy, so entered into by him and the accused, did, on the night of the 14-th of April, 1865, within the military department of Washington,
121 mam and the intrenched fortifications and military lines thereof, and with the intent laid, inflict a mortal wound upon Abraham Lincoln, then President and Commander-in-chief of the army and navy of the United States, whereof he died; that in pursuance of the same conspiracy and within the said department and intrenched lines, Lewis Payne assaulted, with intent to kill and murder, William H. Seward, then Secretary of State of the United States; that George A. Atzerodt, in pursuance of the same conspiracy, and within the said department, laid in wait, with intent to kill and murder Andrew Johnson, then Vice President of the United States; that Michael O'Laughlin, within said department, and in pursuance of said conspiracy, laid in wait to kill and murder Ulysses S. Grant, then in command of the armies of the United States; and that Mary B. Surratt, David E. Herold Samuel Arnold, Samuel A. Mudd, and Edward Spangler did en- courage, aid, and abet the commission of said several acts in the prosecution of said conspiracy. If this treasonable conspiracy has not been wholly executed ; if the ^several executive officers of the United States and the commander of its armies, to kill and murder whom the said several accused thus con- federated and conspired, have not each and all fallen by the hands of these conspirators, thereby leaving the people of the United States without a President or Vice President; without a Secretary of State, who alone is clothed with authority by the law to call an election to fill the vacancy, should any arise, in the offices of President and Vice President; and without a lawful commander of the armies of the republic, it is only because the conspirators were deterred by the vigi- lance and fidelity of the executive officers, whose lives were merci- fully protected on that night of murder by the care of the Infinite Being who has thus far saved the republic and crowned its arms with victory. If this conspiracy was thus entered into bf the accused; if John Wilkes Booth did kill and murder Abraham Lincoln in pursuance thereof; if Lewis Payne did, in pursuance of said conspiracy, assault with intent to kill and murder William H. Seward, as stated, and if the several parties accused did commit the several acts alleged against them in the prosecution of said conspiracy, then, it is the law that all the parties to that conspiracy, whether present at the time of its execution or not, whether on trial before this court or not, are alike guilty of the several acts done by each in the execution of the com- mon design. What these conspirators did in the execution of this conspiracy by the hand of one of their co-conspirators they did them- 9 B
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TRIAL OF THE CONSPIRATORS FOR THE A
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The crime charged and specified upo
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.-..,.- 6 the conspirators be numer
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8 President a mere nullity, a usurp
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10 question that it does not exist,
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12 Ml objected to the same stern ju
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14 •heir serene brows to the dust
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16 be tried for any crime whatever,
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18 veteran and hero, General Scott,
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20 lighten us in regard to the ques
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22 but as an institution as permane
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24 subject property on tbe seas to
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2G by indictment, in terms embracin
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V wmm 28 by citizens in time of war
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30 authorize it—bis office not be
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mm V 32 tution of the United States
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• 34 people of the several States
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TL. - 36 great extent, inoperative
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38 his great decision in. the case
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40 tion. suspend as far as may be n
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V 42 privilege of the writ of habea
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44 proceed no farther in the cause
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"•• V 46 that the learned gentl
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V ———— 48 ria, cli. 35, ent
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V 50 MAT IT PLEASE THE COURT: I hav
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52 actually assembled, for the purp
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N 54 in the service of the rebellio
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56 as devastate the country of the
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58 Jefferson Davis was as strongly
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60 rebellion. You hear it in the re
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62 suggested in the letter of Oldha
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64 that Booth was one of the party
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66 also George Harper, one of the c
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68 the meeting of Thompson and Surr
Page 70 and 71: V 70 Jefferson Davis's purpose to m
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Page 74 and 75: ^«^M 74 The learned gentleman, (Mr
Page 76 and 77: V 76 he lived, and all that was ask
Page 78 and 79: 78 Richmond, which the gentleman (M
Page 80 and 81: 80 that the proprietor admits that
Page 82 and 83: N 82 says he went to Gardner's part
Page 84 and 85: 84 Mr. Norton identifies the prison
Page 86 and 87: ^ 86 him in this conspiracy to murd
Page 88 and 89: «i V 88 and Arnold, was the declar
Page 90 and 91: 90 I shall be better prepared to ag
Page 92 and 93: 92 and unimpeachable witnesses who
Page 94 and 95: ~"3i 94 was arrested, in which he d
Page 96 and 97: 9 96 previous to the assassination,
Page 98 and 99: 98 John had gone away not to return
Page 100 and 101: 4 W 100 except that he was bound to
Page 102 and 103: 102 the two about which Weichmann t
Page 104 and 105: V 104 of which could be readily ins
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Page 108 and 109: 108 House, and left his card, now i
Page 110 and 111: 110 eight revolvers, the Derringer,
Page 112 and 113: 112 Atzerodt, near midnight, return
Page 114 and 115: 114 there last fall, he knew that o
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Page 118 and 119: 118 '18th of April, when he said th
Page 122: N 122 selves ; his act, done in the
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Abraham Lincoln - American Memory

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